In this episode of Euthanasia & Disability, Amy Hasbrouck and Christian Debray discuss Amy`s presentation before the provincial panel on “medical aid in dying.”
Please note that this text is only a script and that our webcast contains additional commentary.
PRESENTATION BEFORE THE PROVINCIAL EXPERT PANEL ON MEDICAL AID IN DYING
- In August, the province of Ontario established a panel of experts representing the provinces (except Québec) to study the issue of physician assisted death, in order to respond to the Carter decision.
- While a similar federal panel had to suspend its work during the election, the provincial panel continued to study the issue, and is now holding meetings with stakeholders.
- They plan to issue their report by the end of November.
- Yesterday, Toujours Vivant-Not Dead Yet attended the panel’s session in Toronto. I spoke on behalf of the Council of Canadians with Disabilities, along with James Hicks, CCD’s executive director.
- CCD was accompanied by Michael Bach, director of the Canadian Association of Community Living (CACL) and David Baker of Baker Law, who represented CCD and CACL in the Carter case.
- Also presenting at the meeting were representatives of the Canadian Cancer Society, the Canadian Association of Retired People, and Dying with Dignity.
- Each group had five minutes to make a presentation, followed by questions from the panel to group representatives leading to a more open exchange of ideas.
- CCD and CACL focused our presentation on the importance of defining who will be exempted from assisted suicide because they are vulnerable to being induced to commit suicide.
- CCD said that terms such as “grievously and irremediably ill” are extremely vague and broad, and could include virtually any person who has a disability.
- CACL said that rather than think of “vulnerable people” as a group, each person should be evaluated to decide who is vulnerable given their current circumstances.
- David Baker continued that eligibility and vulnerability should be decided not by a single, or even two doctors, but by a board or administrative law judge, similar to the consent and capacity board in Ontario.
- The panel seemed interested in the question of vulnerability. On behalf of TVNDY, I talked about the external factors that make people vulnerable, like lack of supports, loss of status, and beliefs that the quality of life of disabled people is lower than that for non-disabled people. When friends, family and professionals express those ideas, people accept them, and it can amount to pressure and coercion to give up on life.
- There was also discussion of the essential role of palliative care and community supports. We pointed out that such supports were cheaper than institutionalization in the long run, and mandated by the United Nations Convention on the Rights of Disabled Persons, of which Canada is a signatory.
- Overall the meeting was cordial, and a spirit of compromise prevailed that may or may not have been genuine. We await the panel’s report at the end of November.
